Islamabad:
When cracking is elaborated within the Supreme Court and the constitutional bench expresses visible dissatisfaction with the initiation of contempt of the ordinary bench, legal experts believe that justice is sewn Mansoor Ali is caught between internal strife and ‘external malignant’ forces.
Formerly additional lawyer Tariq Mahmood Khokhar opens that Justice Shah’s presence on the bench has encouraged fears within certain quarters.
“His nemesis is the illusion of the establishment. They are petrified that senior Puisne -judge has an agenda,” Khokhar said.
Khokhar elaborated that certain forces believe that Justice Shah is aiming to undo the 26th amendment, cancel unrepresented legislators and prescribe the rule of law, judicial independence and parliamentary democracy.
He also noted that it was also expected that Justice Shah to provide justice to the imprisonment former Prime Minister Imran Khan and his Embated Party, PTI. However, he noted that such fear was impossible for an institution under their control.
He rejected such performances and said that Justice Shah is “neither a revolutionary nor is he looking for martyrdom or confrontation with the establishment.” Instead, he described him as “a learned, honorable, honest, conscientious and decent man with impeccable integrity” obliged to provide justice per day. His oath and the Constitution.
“We have a national crisis, national tragedy or national
Farce based on delusions, ”Khokhar added.
A defective strategy?
However, not all legal experts agree with Justice Shah’s approach to tackling questions related to the 26th constitutional amendment.
A senior lawyer while choosing to remain anonymous, criticized Justice Shah’s strategy and warned that it risked alienating co -judges instead of creating unity.
“In my opinion, the strategy adopted by Justice Shah is deficient. It will offend and divide judges when they have to be assembled. There is also no reaction from the lawyers or the public pressure. In such cases a Well thought out strategy important, “he said.
Meanwhile, some lawyers are critical of the constitutional bench for overturning legal orders issued by the ordinary bench.
The lawyers claim that efforts were underway to isolate justice Shah within SC and potentially force him to resign.
It is noteworthy that Justice Shah’s relationship with the former CJP Qazi Faez Isa and his like -minded judges took a turn for the worse after the verdict for the reserved seats. The order ultimately sealed the deal that Justice Shah was not named the next CJP.
The majority of ex-CJP Isa’s like-minded judges are now sitting on the constitutional bench and complicating additional cases.
A number of judges also lent their support to push through the 26th amendment, giving it a helping hand as it counted.
Barrister Asad Rahim Khan says that despite the introduction of Bisarre Committee within the recent laws aimed at undermining judicial independence, Justice Syed Mansoor Ali Shah has issued an unusually proven order. This order applies correctly precedent, distinguishes between judges and administrators and carefully reason for the grounds of the law.
“After a whole year of reading Qazi Faez Isa’s legally incoherent decisions, an order of this quality feels like rain in the desert,” he noted.
Khan also claims that it has become clear to everyone that random administrative directives cannot circumvent legal statements. While the case relates exclusively to jurisdiction, it should be noted that the ongoing crisis will continue until the full bench resolves fate for the 26th amendment. The longer this remains indefinite, the more time the exercise has to mass-appointed judges to the overall courts-a trend that must not affect the change case.